TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of March 23, 2011
A regular meeting of the Freedom of Information Commission was held on March 23, 2011, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:04 p.m. with the following Commissioners present:
Commissioner Sherman D. London, presiding
Commissioner Norma E. Riess (participated via speakerphone)
Commissioner Owen P. Eagan
Commissioner Amy J. LiVolsi
Also present were staff members, Colleen M. Murphy, Eric V. Turner, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, Kathleen R. Ross, Valicia D. Harmon, Paul S. Pearlman, Cindy Cannata and Thomas A. Hennick.
Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of March 9, 2011 as corrected.
Docket #FIC 2010-215 Thomas Brody v. Chief, Police Department, Town of Vernon; Police Department, Town of Vernon; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
Thomas Brody participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-232 Craig Wilson v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport
Craig Wilson participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were partially recorded digitally.
Minutes, Regular Meeting, March 23, 2011
Page 2
Docket #FIC 2010-357 Craig Wilson v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport
Craig Wilson participated via speakerphone. The Commissioners unanimously voted to reopen the matter. The respondents stipulated that the reopened matter would encompass all records sought by the complainant in this matter and #FIC 2010-232. The proceedings were partially recorded digitally.
Docket #FIC 2010-238 David Weaving v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-359 David Weaving v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-387 David Weaving v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-460 David Weaving v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety
David Weaving participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Minutes, Regular Meeting, March 23, 2011
Page 3
Docket #FIC 2010-225 Daniel Schwartz v. Assistant Director of Compliance/Privacy, State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics; State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics; Commissioner, State of Connecticut, Department of Public Works; and State of Connecticut, Department of Public Works
Daniel Schwartz appeared on his own behalf. Assistant Attorney General Michael Sullivan appeared on behalf of the respondent university and Attorney Denise Gumpper appeared on behalf of the Department of Public Works. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2010-228 Darlene Jones v. Board of Selectmen, Town of Westbrook; and Board of Finance, Town of Westbrook
Jeffrey Kriete appeared on behalf of the complainant. Attorney John Bennett appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.* The proceedings were recorded digitally.
Docket #FIC 2010-250 Sylvester Traylor v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-277 Mike Jameson v. Chief, Police Department, Town of Manchester; and Police Department, Town of Manchester
Attorney Timothy O’Neill and Attorney Ryan Barry appeared on behalf of the respondents. The Commissioners unanimously voted to amend and correct the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended and corrected.* The proceedings were recorded digitally.
Minutes, Regular Meeting, March 23, 2011
Page 4
Docket #FIC 2010-288 Joao Godoy v. Mark Rinaldo, Chief, Police Department, Town of Avon; and Police Department, Town of Avon
Attorney Dan Elliott appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-306 James H. Smith and The Bristol Press v. Mayor, Town of Plymouth; and Town of Plymouth
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-317 Gary R. Gauruder v. Police Commission, Town of Wilton
Attorney Jarad Lucan appeared on behalf of the respondent. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners voted, 3-1, to adopt the Hearing Officer’s report as amended.* Commissioner Eagan voted against adoption.
Docket #FIC 2010-322 Patrick Vincent McCue v. Superintendent, Water Pollution Control Authority, Town of Simsbury
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Colleen M. Murphy reported on the New Britain Superior Court Memorandum of Decision in Lamberto Lucarelli v. Freedom of Information Commission, et al.
Victor R. Perpetua reported on pending appeals.
Colleen M. Murphy reported on legislation.
The meeting was adjourned at 4:24 p.m.
_________________
Thomas A. Hennick
*SEE ATTACHED FOR CORRECTIONS and AMENDMENTS
MINREGmeeting 03232011/tah/03242011
Minutes, Regular Meeting, March 23, 2011
Page 5
CORRECTIONS and AMENDMENTS
Docket #FIC 2010-228 Darlene Jones v. Board of Selectmen, Town of Westbrook; and Board of Finance, Town of Westbrook
The Hearing Officer’s Report is corrected as follows:
16. It is found that [that] THE agenda for the Board of Selectmen’s March 10, 2010 special meeting listed the following action item: “Executive session—for the purpose of deliberating over candidates for the Director of Finance position. Potential public session for vote after deliberations.”
18. It is found that the purpose OF the joint executive session was to discuss the applications of the two finalists who had been selected as potential candidates for the position of Director of Finance. It is found that the complainant’s name did come up in the context of discussing the two candidates. Specifically, it is found that the complainant was discussed in connection with the respondents’ preferred candidate because this individual had expressed her intention to withdraw (and subsequently did withdraw) her application for the position. It is further found that the candidate’s withdrawal of her application was based, at least in part, on her concern for potential conflict with the town’s Treasurer—to wit, the complainant. It is found that there was some further discussion during the executive session as to what the respondents could do to resolve the conflict or anticipated conflict expressed by the applicant. It is found that there was also discussion of perhaps, at some later date, combining the positions of Treasurer and Director of Finance. Finally, it is found that there was no specific discussion at the executive session of the complainant’s employment or job performance.
Docket #FIC 2010-277 Mike Jameson v. Chief, Police Department, Town of Manchester; and Police Department, Town of Manchester
The Hearing Officer’s Report is corrected and amended as follows:
44. It found however that, other than [the] these witnesses’ names, addresses and telephone numbers, the requested records identified in paragraph 2, above, are not exempt from mandatory disclosure pursuant to §1-210(b)(3), G.S.
Minutes, Regular Meeting, March 23, 2011
Page 6
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The respondents shall forthwith provide to the complainant a copy of the requested records, except for those portions of the in camera records specifically identified in paragraph 43 of the findings, above. Consistent with Commission precedent, the respondents may also redact from the in camera records the complainant’s social security number.
2. Enforcement of paragraph 1 of this order is stayed until the resolution of the appeal in Commissioner, State of Connecticut, Department of Public Safety v. Freedom of Information Commission, et al., 2010 Conn. Super. LEXIS 1001 (Conn. Super. Ct. Apr. 21, 2010), appeal docketed, No. 32246 (Conn. App. Ct. May 11, 2010).
[3. Henceforth, the respondents shall strictly comply with the disclosure requirements of §§1-210(a) and 1-212(a), G.S.]
Docket #FIC 2010-317 Gary R. Gauruder v. Police Commission, Town of Wilton
The Hearing Officer’s Report is amended and corrected as follows:
11. It is found that the meeting was open to the public, in accordance with §1-225(a), G.S. While it may have been inconvenient for the complainant to wait for almost an hour to attend a meeting, only to find that the meeting was continued, there is nothing in the FOI Act that requires public agencies to begin their meetings on time; or to provide explanations as to why meetings are not convened on time. The Commission notes that the respondent, as of the date of the hearing in this matter, has changed the location of its meetings to the town hall in order to make its meetings more convenient for the public. [The Commission commends the respondent for making such change.]